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STATE, DEPT. OF ENVIR. PRO. v. MOBIL OIL CORP.

246 N.J. Super. 331 (1991)

587 A.2d 657

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. MOBIL OIL CORPORATION, DEFENDANT/THIRD PARTY PLAINTIFF-APPELLANT, v. CHRISTOPHER DAGGETT, THIRD-PARTY-DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1991.

Attorney(s) appearing for the Case

Raymond M. Tierney, Jr., argued the cause for appellant (Shanley & Fisher, attorneys; Raymond M. Tierney and Richard A. Levao, on the brief).

John R. Renella, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

Before Judges KING, LONG and R.S. COHEN.

The opinion of the court was delivered by KING, P.J.A.D.

This case concerns the right of an alleged polluter to a pre-enforcement challenge to the terms of an alleged administrative "consent" order before clean-up of a polluted site is undertaken. After hearing oral argument on the motion for leave to appeal by Mobil Oil Corporation (Mobil) on November 1, 1990, we granted a stay of any administrative action by the Department of Environmental Protection (DEP) pending...

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